SC issues notice to Centre on decriminalizing gay sex

SC issues notice to Centre on decriminalizing gay sex
PTI
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First Published: Thu, Jul 09 2009. 01 45 PM IST
Updated: Fri, Jul 24 2009. 02 24 PM IST
New Delhi: The Supreme Court on Thursday issued notice to the Centre on a petition challenging the Delhi High Court judgement decriminalizing gay sex among the consenting adults.
The apex court posted the matter for hearing on 20 July.
The Bench headed by chief justice K.G. Balakrishnan said that any interim order against the High Court verdict, if necessary, will be considered only after hearing the parties concerned.
Notices were also issued to Naz Foundation, the NGO and other respondents who were parties before the High Court.
The court was hearing the appeal filed by Suresh Kumar Kaushal, an astrologer, against the 2 July verdict of the High Court.
While mentioning the petition, the counsel, appearing for the astrologer, said that since the High Court verdict, there have been seven cases of gay marriages, and raised several questions, which, he claimed, were likely to affect the institution of marriage.
However, the Bench said, “We have not changed the definition of marriage.”
During the brief hearing, when the counsel was pointing to what he claimed was the adverse impact of the judgement decriminalising gay sex among the consenting adults, the Bench said the police had not been registering cases in such matters.
It said though the law has been in force since 1860, there have been only a handful cases under the penal provision except those of paedophile cases.
For “gay sex, to my knowledge, no body has been prosecuted,” the Bench, also comprising Justice P. Sathasivam, said.
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First Published: Thu, Jul 09 2009. 01 45 PM IST